Why Kennedy Stewart Is Not Facing Further Discipline for Election Day Violation
Not only did former Mayor Kennedy Stewart lose by a landslide, but his Forward Together party also violated the Local Elections Campaign Financing Act (LECFA).
The violation came under scrutiny after an email from Forward Together titled “33% to 33%” was sent on the morning of election day.
Stewart’s campaign did break election law, but not for the email.
Email In Question
The email, sent on election day (October 15) at 11:18 a.m. initially stated in bold “Here’s the scoop - Kennedy Stewart and Ken Sim are in a dead heat.”
“Research Co. says the race is deadlocked - 33% to 33%.”
The reality was, the election was not as close as the email indicated.
The results of the election showed that Ken Sim from ABC Vancouver had 85,732 votes or 51%, while incumbent Kennedy Stewart received 49,593 votes or 29%.
The email did include a section berating Sim:
“In the past four years, Ken Sim's rhetoric and policies have only become more concerning.
He won't commit to protecting renters.
He has shown he wants to cut city services far and wide.
He has no plan for housing, overdose prevention, or climate change.”
As well, it referenced twice asking the recipient to “get out and vote for Mayor Kennedy Stewart.”
A screenshot of the email in question from Kennedy Stewart’s campaign.
Email Found Not To Be In Violation
Bob Mackin from theBreaker.news initially reported on the issue.
Mackin stated, “Elections BC now says that Stewart was reprimanded because robocalls are not permitted on election day, while emails without a placement cost are.”
What is interesting is that Section 45.3. (a) of the LECFA allows for election advertising via internet communication “if the communication was transmitted to the public on the internet before general voting day and was not changed before the close of general voting.”
As well, Section 45.3. (c.1) states that “communication that is transmitted to the public on the internet for the sole purpose of encouraging voters to vote in the election.”
Based on the email’s timestamp, it was sent on general voting day. Regarding the contents of the email, an argument can be made that its purpose was to encourage recipients to vote for Kennedy Stewart and not Ken Sim.
What Is Section 45 Of The LECFA?
Section 45 of the LECFA outlines the restrictions on general voting day advertising.
Elections BC clarified with Coastal Front indicating that a warning letter was sent to Kennedy Stewart’s campaign in regards to pre-recorded phone messages (robocalls) that were sent on general voting day.
The calls violated Section 45 because they encouraged voters to visit the Forward Together Vancouver website, which Elections BC found to be an example of election advertising on general voting day.
LECFA allows “get-out-the-vote” messages on general voting day, but any reference to election advertising is strictly prohibited.
“We contacted the Stewart campaign and they amended the pre-recorded messages promptly” Elections BC stated.
Further Consequences?
“Whenever possible, we try to bring political participants into compliance with legislation before escalating to further enforcement options.”
The LECFA does not issue monetary penalties for violations of Section 45.
The only options, as Elections BC clarified, were to issue a warning letter or forward the case to the BC Prosecution Service.
Because of the speed and prompt actions taken by Kennedy Stewart’s team in addressing the issue, Elections BC felt that a warning letter was the most appropriate action to take.
Had the election been much closer than the results indicated, would Stewart’s violation garner further consequences and accountability?
The sender of the email, Mark Hosak, Executive Director for Forward Together has not responded to Coastal Front for a comment.
Top photo of Former Vancouver Mayor, Kennedy Stewart (standing at the podium) (Photo via Twitter / @kennedystewart).
